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HomeMy WebLinkAbout93-05 CC OrdinanceORDINANCE NO. 93 -05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING A MORATORIUM ON THE ESTABLISHMENT OF NIGHTCLUBS, TEEN CLUBS, DANCE HALLS, BARS AND COCKTAIL LOUNGES, BILLIARD IIALLS, MASSAGE PARLORS, AND VIDEO GAME ARCADES WITHOUT A CONDITIONAL USE PERMIT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY•ORDAIN AS FOLLOWS: Section 1. Findings That the Temecula City Council hereby makes the following findings: A. That it is the Mission of the City of Temecula to maintain a safe, secure, clean, healthy and orderly community; B. That it is necessary to re- examine the regulations of the zoning ordinance relating to the establishment of nightclubs, teen clubs, dance halls, bars and cocktail lounges, billiard halls, massage parlors, and video game arcades without a conditional use permit; C. That it is necessary, pending conduct of such study and the enactment of regulations based thereon, that a moratorium on the establishment of nightclubs, teen clubs, dance halls, bars and cocktail lounges, billiard halls, massage parlors, and video game arcades without a conditional use permit be imposed pending the completion of such study; D. That if such moratorium were not imposed, establishment of such nightclubs, teen clubs, dance halls, bars and cocktail lounges, billiard halls, massage parlors, and video game arcades without a conditional use permit would be undertaken that may compromise the public health, safety and welfare. Section 2. That notwithstanding any provision of the City of Temecula Ordinance 90 -04, during such time as this ordinance is in full force and effect, no person shall establish a nightclub, teen club, dance hall, bar and cocktail lounge, billiard hall, massage parlor, and video game arcade without a conditional use permit. No officer, employee or agent; of the City shall issue any permit or other entitlement which would have the effect of allowing a nightclub, teen club, dance hall, bar and cocktail lounge, billiard hall, massage parlor, and video game arcade without a conditional use permit, during such time as this ordinance is in full force and effect, and in addition, any permit or other entitlement issued shall be revoked. Should any party in receipt of such permit or entitlement believe that they have a vested right to establish such a ' nightclub, teen club, dance hall, bar and cocktail lounge, billiard hall, massage parlor, and video Ords93 -05 -1- game arcade without a conditional use permit or would suffer hardship if not permitted to ' establish such uses without a conditional use permit may apply for an exemption from this ordinance. Such exemption may be granted by the City Council only upon recommendation from the Planning Commission and after due notice and public hearing of both bodies. Section 3. This Ordinance is enacted under the authority of the California Government Code Section 65858 (b) and shall be of no further force and effect 45 days from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858 (b). Section 4. This Ordinance is adopted pursuant to Government Code Section 65858, is hereby declared an urgency measure and shall take effect immediately. Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. PASSED, APPROVED AND ADOPTED this 9th day of February, 1993. J. Sal Munoz Mayor IATTEST: Ju e eek, City Clerk [SEA Ords93 -05 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Urgency Ordinance No. 93 -05 was duly adopted and passed at a regular meeting of the City Council on the 9th day of February, 1993, by the following vote: AYES: 5 COUNCILMEMBERS: Stone, Parks, Birdsall, Roberts, Munoz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None u Greek, City Cler c Ords93 -05 -3-